FAIRA has a long history of involvement in land rights and related issues, providing an indigenous perspective and voicing Aboriginal and Torres Strait Islander expectations about rights to land.

FAIRA was a member of the National Federation of Land Councils and was instrumental in the establishment of the Queensland Federation of Land Councils. FAIRA lobbied extensively in relation to the 1991 Queensland "land rights" Acts and provided information and analysis of the legislation, but was excluded from negotiations in drafting these Acts.

Following the Mabo No. 2 decision, FAIRA representatives were actively involved in negotiations leading to the drafting of the Commonwealth Native Title Act 1993. While the Queensland Government refuses to acknowledge the need for Land Councils the various groups who have formed themselves into Land Councils still look to FAIRA as being a valuable conduit to Government, churches and the wider public.

Aboriginal Land Issues In South East Queensland

The area which FAIRA formally covers for Native Title matters is the Brisbane ATSIC region, an area of over 27,000 square kilometres, comprising over 20,000 Aboriginal and Torres Strait Islander people.

For the identification of Native Title Holders, the traditional land owners are considered in terms of four language groups, as follows:

  • the Quandamooka,
  • the Yugambeh,
  • the Yuggera, and
  • the Gubbi Gubbi peoples.

An estimate for the population of these groups is over 5000 people, over sixty percent of whom are still resident in South East Queensland (SEQ). Many of these who are not currently residents of the area had been forcibly removed to live elsewhere in the State under past repressive Queensland Government policies and practices, or are descendants of those people.

The traditional groups of SEQ have only minor possibilities of gaining land under Queensland Government legislation. There are no reserve lands set aside in SEQ for Aboriginal people, and the State Government offers no land purchase program. The options available for management of land are:

  • Native Title claims,
  • Land purchase under Commonwealth Government programs,
  • Aboriginal sites management,
  • negotiated local or regional agreements, and
  • negotiated land and resource management systems.

The Development Of A Native Title Claim

Under Section 202 (4) of the Native Title Act,1993, the functions of a Native Title Representative Body is to:

  1. facilitate the research, preparation or making of claims, by individuals or groups from among the Aboriginal peoples or Torres Strait Islanders, for determination of Native Title or for compensation for acts affecting Native Title; or
  2. assist in the resolution of disagreements among individuals or groups about the making of such claims; or
  3. assist such individuals or groups by representing them, if requested to do so, in negotiations and proceedings relating to acts affecting Native Title, the provision of compensation in relation to such acts or any other matter relevant to the operation of this Act.

Native Title in South East Queensland

There are a large number of claims or expectations of access to Native Title which are likely to emerge in the SEQ region. FAIRA must, ultimately, make an assessment of which of these fit the requirements of the Native Title Act and are likely to be able to meet the criteria for success.

FAIRA recognises the powerful significance of land title to traditional owners in the SEQ area and we see our role as to support the claims of Native Title Holders in the region. With this in mind, FAIRA has adopted a number of operating principles which underpin the way in which this support will be offered.

These principles are derived from the FAIRA Charter, Goals and Code of Ethics, and are as follows:

  • That the land rights of Native Title Holders can be enhanced and maintained through an effective system or network of land council or land interest group structures.
  • No aspect of FAIRA's Native Title operations should inhibit the rights of Native Title Holders.
  • Preference will be given to claims which are endorsed by the language group.
  • Native Title claimants seeking assistance from FAIRA must produce evidence of the genuineness of the claim. FAIRA will carefully preserve the confidential nature of any such evidence.
  • Non claimant applications should always be opposed on the principle that Native Title cannot be extinguished.
  • The identification of needs and priorities is the responsibility, in the first instance, of the language group themselves.
  • The allocations to each language group should be based upon principles of fairness and equity.

Setting Objectives in each Language Group

The principles provide that the identification of needs and priorities is the responsibility, in the first instance, of the language group themselves - it is not FAIRA's role to be the initial determinant of which claims are to be considered.

Based on the principle that each language group sets its own objectives for Native Title in their region, FAIRA is supporting the development of strategic plans by each language group. These strategic plans are as dynamic documents, to be regularly reviewed and updated by the language group concerned.

The model for this has been the comprehensive Strategic Plans for Land Rights and Enterprise, developed by each Language Group throughout 1996, which typically have three purposes:

  • to allow planning to achieve not only a land base, but also a cultural and economic base which supports self-determination;
  • as a sub-regional plan for the Indigenous Land Corporation's land fund, and
  • as a basis for the equitable allocation of Native Title resources.

These plans are broad - they go well beyond just prioritising on Native Title issues, and represent a comprehensive community development plan. However, they form a significant starting point for developing an overall Native Title Strategic Plan for South East Queensland.

The FAIRA Native Title Unit

FAIRA was determined as a "Representative Aboriginal/ Torres Strait Islander Body" by the Minister for Aboriginal and Torres Strait Islander Affairs under Section 202 (1) of the Native Title Act, 1993 on 30 June 1994.

Funding is provided under s 203 of the Native Title Act to enable FAIRA to pursue the functions of a representative body through its Native Title Unit.

The Native Title Unit carries out general legal research on questions including the extinguishment of Native Title and the impact of past grants including DOGITs and pastoral leases. Considerable effort is put into maintaining a collection of articles, reports, legislation and cases relevant to Native Title.

The results of this general research include submissions to courts, government departments (state and federal), Ministers (state and federal) the National Native Title Tribunal and ATSIC on reforms of legislation, policies and procedures relevant to Native Title.

FAIRA has particularly commented on the deficiencies in the Queensland Native Title legislation and sought consultation on the structure and procedures of the tribunal the Queensland government will seek to have recognised under the Commonwealth Native Title Act. The unit has also been involved in identifying possible lands for purchase through the Land Fund.

All legal work required in the development of a Native Title claim will be undertaken by FAIRA. FAIRA will develop a list of approved professional advisers such as Anthropologists, Genealogists, Linguists, Environmental Scientists and Planners, from which Native Title claimants can select according to the particular requirements of their claim.

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FAIRA Aboriginal Corporation
Phone +61 7 3391 4677 • Fax +61 7 3391 4551 • email letterbox@faira.org.au
Post Office Box 8402 Woolloongabba Q 4102 Australia
37 Balaclava Street Woolloongabba